FAQs

  • Dismiss Or Convert A Bankruptcy Case, Can The Debtor Voluntarily Do This?

    A) Voluntary Dismissal – A debtor can file a motion to voluntarily dismiss the bankruptcy case, but the court may or may not approve the dismissal depending upon the chapter number of the bankruptcy case and the prior history of the debtor in bankruptcy. IMPORTANT NOTE: Dismissal of a bankruptcy case has serious consequences. For example, if a bankruptcy case is voluntarily dismissed, it may affect a debtor's rights to the Automatic Stay in a future bankruptcy case. It is highly recommended to consult a bankruptcy attorney.

    Chapter 7 – See Bankruptcy Code Section 707 – Because a trustee is appointed, the trustee may file an objection to a request for voluntary dismissal, and a hearing is required.

    Chapter 11 – See Bankruptcy Code Section 1112 – A debtor's request to dismiss requires a motion and an opportunity for a hearing.

    Chapter 13 – See Bankruptcy Code Section 1307 – A debtor has a right to dismiss its Chapter 13 bankruptcy case if the bankruptcy began as a Chapter 13 case, but the court may place restrictions on a debtor's ability to file a subsequent bankruptcy case.

    B) Voluntary Conversion to Another Chapter – A debtor can file a motion to voluntarily convert its case to a case under a different bankruptcy chapter. IMPORTANT NOTE: When any bankruptcy case is converted, there are new responsibilities and deadlines for filing case commencement documents, and the debtor must attend a new 341(a) meeting of creditors. It is highly recommended to consult a bankruptcy attorney about the impact of converting a bankruptcy case.

    Chapter 7 – See Bankruptcy Code Section 706.

    Download Form Motion to Convert under 706(a)
    Download Form Notice of Motion to Convert under 706(a)
    Download Form Order to Convert

    Chapter 11 – See Bankruptcy Code Section 1112(a).

    Download Form Motion to Convert under 1112(a)
    Download Form Order to Convert under 1112(a)

    Chapter 13 – See Bankruptcy Code Sections 1307(a) and 1307(g).

    To convert a Chapter 13 case to a Chapter 11 bankruptcy case, the debtor must file a motion and schedule a hearing for the court to rule on its motion.


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  • Dismissal, Conversion & Closing Of A Bankruptcy Case, What Are The Differences Between Them?

    A) Dismissal vs. Closing of a Bankruptcy Case -- The main differences between dismissal and closing of a bankruptcy case involve discharge, ability to file another bankruptcy case, and the consequences of filing another bankruptcy case.

    1. Dismissal of a Bankruptcy Case – Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal. Dismissal can also occur without a debtor's consent if the court orders dismissal on its own, or a trustee or a creditor files a motion to dismiss the bankruptcy case and the court grants the motion. See related FAQs below.
    2. Closing of a Bankruptcy Case – Closing means that all activity in the main bankruptcy case is completed. This means that all motions have already been ruled upon, and if a trustee was appointed, the trustee has filed a statement that all trustee duties have been completed.  See related FAQs below.

    Closing does not mean that a discharge was entered unless all activities related to determining discharge have been completed. If a bankruptcy case is closed without a discharge because an individual debtor did not timely file a Certificate of Completion of Instructional Course Concerning Personal Financial Management, a debtor must file a Motion to Reopen the Case.

    Closing does not necessarily mean that all adversary proceedings are finished. For information about adversary proceedings, see related FAQs below.

    B) Conversion to Another Bankruptcy Chapter – Conversion means that the court has approved changing a bankruptcy case from one chapter to another chapter. Conversion may be requested by a debtor, by a trustee or creditor, or be independently ordered by the court. Sometimes conversion is automatically approved, and in other situations it is disallowed or requires a court hearing to approve a motion to convert. In some ways, conversion starts the bankruptcy case over because there are different rights and duties for the debtor and creditors. In other ways, conversion continues activities that are already taking place. It is highly recommended to consult a bankruptcy attorney to discuss a debtor's right to convert to another chapter and the impact of conversion. See related FAQs below.

     


    See Also:
    Deadlines And Procedures For Adversary Proceedings, Are There Any?
    Lawsuit, Can One Be Filed After The Bankruptcy Case Is Filed?
    Dismiss Or Convert A Bankruptcy Case, Can The Court Do This Without The Debtor's Consent?
    Dismiss Or Convert A Bankruptcy Case, Can The Debtor Voluntarily Do This?
    Discharge, How Do I Get A Copy?
    Reopen A Bankruptcy Case, How Do I Do This And Is A Fee Required?
    Lawsuit, What If One Was Filed Before The Bankruptcy Case Was Filed?
    Dismissal, Conversion & Closing Of A Bankruptcy Case, What Are The Differences Between Them?
  • Document, How Do I Get Certified Copy?

    A) Via Mail to Division of Bankruptcy Case – Identify the address of the court division where the bankruptcy case is or was administered. Then, comply with all of the following steps:

    1. Mail a request that clearly identifies the document(s) desired, bankruptcy case name, bankruptcy case number (and adversary proceeding number, if applicable), and daytime telephone number;
    2. Include a self-addressed, stamped return envelope of proper size and postage for the documents requested; 
    3. Wait for a phone call from the clerk's office to identify the total fee required; and
    4. After receiving a call from the clerk's office stating the total fee, send payment in the form of either a bank cashier's check or U.S. Postal Service money order made payable to: United States Bankruptcy Court. DO NOT SEND CASH OR PERSONAL CHECKS.

    B) Request in Person at Clerk's Office - If you visit the Clerk's Office to obtain the certified copies, charges and the processing time needed to complete your order will be explained in person.

     


    See Also:
    Fees, What Is The Payment Method For Bankruptcy Court Fees?
  • Document, What If The One I Need Is Not On The Electronic Docket?

    For bankruptcy cases and adversary proceedings filed prior to the onset of "Case Management/Electronic Case Filing" (CM/ECF), not all documents will be imaged on the electronic docket. Please contact the clerk's office of the court division where the case is or was administered.


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  • Documents, How Do I Amend Documents I Have Filed With The Court?

    It is a debtor’s duty to ensure that the information provided in the bankruptcy petition package (Petition and other forms) is correct. This means that the correct “form” must be used, and the form must contain correct information. If a debtor needs to filed an amended document because the debtor filed the incorrect version of a form or inserted inaccurate information on a correct version of a form, a debtor must take four or five steps:

    A) File With the Court the Document that Contains the Amended Information (Schedule, Statement, etc.) – If an incorrect or outdated version of a form was used, prepare, sign and file the correct version of the form. If the correct version of a form was used, but the information inserted on the form is not accurate, prepare, sign and file the form with the revised information;

    B) File With the Court a Form Titled “Amendment of Schedule(s) And/Or Statement(s).” This form should be filed at the same time that the amended document is filed, and is available at any Clerk's Office location or download below.  

    C) Pay a fee Click here to determine the fee required.

    D) Mail a copy of the amended document and Amendment of Schedules(s) And/Or Statement(s) to all creditors.

    E) File an Electronic Filing Declaration – If the debtor’s attorney files an amendment via CM/ECF, it may be necessary for the debtor to sign and date a new Electronic Filing Declaration. 

    If a debtor has a change of mailing address, it is the debtor's responsibility to promptly file a change of address form so that the clerk’s office, trustee, and creditors know where to mail documents for the debtor.

    Download Form: Amended Schedule(s) and/or Statement(s)

    Download Form: Electronic Filing Declaration

    Download Form: Change of Address (The debtor should also mail a copy of the change of address form to all creditors.)

     

     

     


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  • Documents, What Do Debtors File To Have The Stay Imposed Or Continued?

    In some situations the Automatic Stay does not protect a debtor from all creditors, or it only applies for 30 days after the bankruptcy case is filed. In these situations a debtor must file a Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay if a debtor wants the Automatic Stay to protect the debtor. A fee is required to file this motion. As this type of motion must be heard by the judge quickly after a bankruptcy case is filed, it is highly recommended to consult a bankruptcy attorney before a bankruptcy case is filed.

    Download Form: Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay

    See: Fee Schedule

     


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  • Eviction, Will Filing For Bankruptcy Stop This?

    Depending on the facts, the Automatic Stay may or may not prevent a landlord from evicting a tenant that has filed bankruptcy.  Consult with a bankruptcy attorney for information on how a bankruptcy filing affects enforcement of an eviction proceeding


    See Also:
    Automatic Stay, What Is It And Does It Protect A Debtor From All Creditors?
  • Federal Rules Of Bankruptcy Procedure, Where Do I Obtain A Copy?

    A) Federal Rules of Bankruptcy Procedure - There are procedural rules that apply in every bankruptcy case filed in the United States. These rules are called "Federal Rules of Bankruptcy Procedure (F.R.B.P.)." The Federal Rules of Bankruptcy Procedure are not available for viewing or purchase from the clerk's office. However, they may be purchased from legal bookstores and may be viewed at law libraries and online.

    B) Interim Federal Rules of Bankruptcy Procedure - In some years, Interim Rules are promulgated and made effective in the midst of a calendar year. These rules still apply in all bankruptcy cases.
     


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  • Fees, What Is The Payment Method For Bankruptcy Court Fees?

    Fees are required to file many documents with the court, including a bankruptcy petition package, a lawsuit (Complaint), certain motions, and other documents. Photocopies or certified copies of documents are available for a fee. Acceptable payment method of filing fees depends upon whether documents are filed electronically via CM/ECF or at the intake window of the clerk’s office.

    A) Petition Package or Document Filed Electronically via CM/ECF -- If an electronically filed document requires a fee, the fee must be paid by credit card (AMEX, VISA, MC or Discover).

    B) Petition Package or Document Filed at the Intake Window of the Clerk’s Office

    Fees Paid by an Individual Person - If an individual debtor files a bankruptcy petition package or other document at the courthouse, the bankruptcy court does not accept credit cards, but the fee may be paid with:
    (1) CASH (United States currency only);
    (2) U.S. POSTAL SERVICE MONEY ORDER; or
    (3) CASHIER’S CHECK issued by an acceptable financial institution.

    Fees Paid by an Attorney - If an attorney files a bankruptcy petition package or other document, in most situations the attorney must file the documents electronically via CM/ECF. However, if a document is not required or allowed to be filed using CM/ECF, and is filed at the intake window of the clerk’s office, the fee may be paid by:
    (1) CREDIT CARD (AMEX, VISA, MC or Discover);
    (2) BUSINESS CHECK made payable to the “U.S. Bankruptcy Court” that includes a current pre-printed name, street address, telephone number, and California attorney bar number;
    (3) CASH (only coins and currency issued by the United States);
    (4) U.S. POSTAL SERVICE MONEY ORDER; or
    (5) CASHIER’S CHECK issued by an acceptable financial institution.

    C) Requesting Photocopies or Certified Copies of Documents – The payment policy for obtaining copies is the same as the payment policy for filing documents. See above.


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  • File Documents, Must Documents Be Filed In Person, Or Can They Be Mailed Or Filed Electronically?

    Filing in Person at Intake Window – A bankruptcy petition package or other document should be filed in person if cash is used to pay the filing fee or if a “Filed” stamped copy of the document is desired. Although there may be a number of people in line, the wait is generally very short.

    Filing by Mail - Bankruptcy petition packages and other documents may also be mailed to the Court. If a debtor is filing a document that requires a filing fee, the debtor must include a cashier’s check or money order, as personal checks are not accepted. The cashier’s check or money order must read: “Pay to the Order of United States Bankruptcy Court.”

    Whether filing a document in person or by mail, determine the correct filing location by using the zip code of the debtor’s residence or principal place of business.

    Attorneys – In most situations attorneys are required to electronically file petition packages and other documents using the CM/ECF system. Register for CM/ECF. See the Court Manual for filing procedures. Additional information about  lodging orders electronically may be found here.


    See Also:
    Case Number, What Does It Mean?
    Fees, What Is The Payment Method For Bankruptcy Court Fees?
  • File Documents, Who Is Authorized To File Electronically?

    The court uses a system called “CM/ECF” for attorneys (and some other organizations that file lots of documents) to electronically file, view and copy bankruptcy case documents. Only attorneys who have registered with a court and been provided with a CM/ECF password are entitled to file documents electronically.

    To Register for CM/ECF.

    To review CM/ECF filing requirements and procedures, see the Court Manual.

     


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  • Filing Fee, What If I Cannot Afford To File For Bankruptcy?

    In some situations, the court may approve a filing fee to be paid in installments or waived completely. Note that if an installment payment plan is approved, the payment schedule must be complied with or the bankruptcy case may be dismissed without the debtor obtaining a discharge of debts.

    Chapter 13 Petition Package – In chapter 13 bankruptcy cases, it is generally not allowed to have a filing fee waived or to pay in installments. The purpose of chapter 13 is to keep current with payments, and therefore if the filing fee is not affordable, the court will question a debtor's ability to succeed in a chapter 13 case.

    Chapter 11 Petition Package – In chapter 11 bankruptcy cases, fee waivers or installment payments usually are not allowed.

    Chapter 7 Petition Package - If a debtor files a chapter 7 bankruptcy case and the debtor's income is less than 150% above the federal H.H.S Poverty Guidelines (which varies depending on your family size), the court may waive the filing fee completely or approve payments in installments. The debtor must make a written request to the court and submit the request at the Clerk's Office intake window at the time the bankruptcy petition is filed. The intake staff will contact the judge to whom the bankruptcy case is assigned, and the judge will make a decision as soon as is possible. This may require the debtor to wait at the courthouse for a few hours if the judge is not available right away, or the debtor may have to return on the next day that the court is open. Even if the court does not waive the filing fee, the court may allow a debtor to pay the filing fee in installments.

    Download Form: Fee Installments and Waiver Application


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  • Fraudulent Activity In A Bankruptcy Case, Whom Do I Notify If There Is Possible Fraud?

    A) Contact the Office of the United States Trustee - The Office of the U.S. Trustee is the place to start when reporting possible fraudulent activity in a bankruptcy case. Fraudulent activity may have been committed by a debtor, an insider of a debtor, a creditor, a trustee, an attorney or other professional, or a bankruptcy petition preparer. Fraudulent activity may include hiding assets, fraudulently transferring property, lying under oath, knowingly filing false affidavits or declarations, knowingly filing false proofs of claim, or knowingly providing false information.

    B) What to Include in the Letter - To expedite the handling of complaints of violations in the bankruptcy system, the U.S. Trustee requires that the complaint be submitted in a signed letter with the following information:

    • Your return address and telephone number;
    • The bankruptcy case name and file number;
    • Copies of any pertinent court filings;
    • A chronological summary of the allegedly fraudulent activity;
    • A statement as to why you believe that fraud has occurred;
    • Location of property alleged to be involved; and
    • Names, addresses, and telephone numbers (to the extent available) of the witnesses known to you.

    C) Mail the letter to:
    Office of the United States Trustee
    Special Investigations Unit
    915 Wilshire Boulevard, Suite 1850
    Los Angeles, CA 90017

    D) U.S. Trustee Review and Response - If the information furnished establishes a reasonable belief that a criminal violation has occurred, the matter may be referred to the United States Attorney. If the United States Attorney deems the matter to hold prosecutorial merit, it will be referred to the appropriate law enforcement agency for investigation. Occasionally a debtor or trustee is sentenced to prison for fraudulent activity. Sometimes the activity does not rise to the level of criminal activity but provides justification for the court to order the return of property to the bankruptcy estate, the denial of a discharge of debts for the debtor, or the removal of a trustee. In any event, dishonest activity is taken very seriously by the bankruptcy court and Office of the U.S. Trustee.


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  • Hearing Date, How Do I Obtain One On My Motion And Provide Notice Of The Hearing?

    Once it is determined that a hearing is required, the moving party must set the matter for hearing and provide adequate notice of the hearing. To set a hearing and provide notice of the hearing, do all of the following:

    A) Identify how much notice is required before the hearing can take place;
    B) See the Self-Calendaring page to look at self-calendaring procedures for the judge who will hear the motion;
    C) Put the hearing date, time, courtroom, and courthouse address on the first page of the motion (See Local Bankruptcy Rule 1002-1 for information on Motion captions);
    D) Prepare a written Notice of Motion in which the date of the hearing and the deadline for filing a response are clearly stated. Downoad the Notice of Motion form below. E) Serve the Notice of Motion of the hearing on all parties required by the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure; and
    F) Do not lodge an order before the hearing unless the court or Local Bankruptcy Rule specifically allows or requires that an order be lodged before the hearing, or the order is allowed to be electronically lodged via the LOU program. See Local Bankruptcy Rule 9021-1 for rules on lodging orders. Information on how to upload orders.

    Download Form: Notice of Motion F 9013-1.1

     


    See Also:
    Hearing, Do All Motions Require One?
  • Hearing, Do All Motions Require One?

    Some motions require a hearing while other motions do not, and procedures are different. To determine if a hearing is required for a particular motion, a party filing the motion should consult:

    1. The section(s) of the Bankruptcy Code that set the standard for granting the motion;
    2. The Rules in the Federal Rules of Bankruptcy Procedure that establish procedures for notice of the motion, service of the motion, and court ruling on the motion;
    3. Local Bankruptcy Rule 9013-1 for a list of motions that the court has already determined a hearing is not required;
    4. Other Local Bankruptcy Rules that apply to the particular type of motion (NOTE – Some motions are called "Applications"); and
    5. A bankruptcy attorney.

    Download Form: Notice of Motion F 9013-1.1


    See Also:
    Hearing Date, How Do I Obtain One On My Motion And Provide Notice Of The Hearing?
    Shortened Time (Ex Parte), How Can I Have A Motion Heard Like This?
  • Hearing, What Happens If A Motion Does Not Require One?

    Once it is determined that a hearing is not required, a party must provide notice of the motion and properly serve the motion before obtaining a ruling from the judge. The motion will have to clearly and plainly state that there will not be a hearing unless a party files and serves a written response and specifically requests a hearing. To provide notice of the motion and serve the motion, do all of the following:

    1. Follow the procedure for providing notice of the motion and serving the motion – In particular see Local Bankruptcy Rule 9013-1;
    2. Clearly state in the Notice of Motion the procedure for objecting to the motion and requesting a hearing;
    3. Wait the proper response period;
    4. Follow the procedure for notifying the court as to if any objections were received and if a hearing was requested.
      1. If an objection was filed and a hearing was requested, the moving party must timely set the matter for a hearing, or the motion may be denied; and
      2. If an objection was not filed within the response deadline, file a declaration of service and non-Response, and lodge an order.

     

    F 9013-19[1] DECLARATION RE: ENTRY OF ORDER WITHOUT HEARING PURSUANT TO LOCAL BANKRUPTCY RULE 9013-1(g)


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  • Hearing, What If I Am Late?

    An attorney or party must immediately contact the judge's chambers and the opposing party as soon as they realize that they will be late for a hearing. For information about asking for 2nd call at a hearing see Designated Judges' Contacts


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  • Judicial Decision, What If I Disagree With The Judge's Legal Or Factual Conclusions?

    If a party disagrees with a judge's legal or factual conclusions from a proceeding, and the judge has entered an order or judgment that reflects the judge's ruling, the party who disagrees generally has four alternatives:

    A) Motion to Vacate an Order or Judgment - When a party files a motion to vacate an order or judgment, the party identifies a specific order or judgment that is disagreed with and specifically discusses what the party thinks is incorrect with the judge's legal or factual conclusions. A motion to vacate an order or judgment is granted under limited circumstances. Refer to Federal Rules of Bankruptcy Procedure Rule 9024 and Local Bankruptcy Rule 9013-4.

    B) Motion to Amend an Order or Judgment - A motion to amend an order or judgment is similar to a motion to vacate an order or judgment, and generally the same standards apply. However, a motion to amend an order or judgment is usually based on changed circumstances. Refer to Federal Rules of Bankruptcy Procedure Rule 9023 and Local Bankruptcy Rule 9013-4.

    C) Appeal to the District Court or Bankruptcy Appellate Panel – If a party wishes to file an appeal to the District Court or the Bankruptcy Appellate Panel, a Notice of Appeal must be filed within 14 days of the entry of the Order or Judgment on the docket. If, for whatever reason, a party fails to file a Notice of Appeal within 14 days, the party must file a motion for permission to file a Notice of Appeal. A party may not file a Notice of Appeal later than thirty (30) days after entry of the Order or Judgment.

    When an Appeal is filed, the matter is automatically referred to the Ninth Circuit Bankruptcy Appellate Panel ("BAP") unless the appellant files a separate Statement of Election to transfer the appeal to the U.S. District Court concurrently with the Notice of Appeal. Within a short period of time the appellee also has the opportunity to transfer the appeal to the U.S. District Court. When an appeal is directed to the BAP, an original and three (3) copies of the Notice of Appeal need to be filed, plus copies for the interested parties with self-addressed, stamped envelopes. When an appeal is directed to the District Court, an original and one (1) copy must be filed. See Fee Schedule to determine the cost for filing a Notice of Appeal.

    D) Request that Matter be Directly Appealed to the Ninth Circuit Court of Appeals – If a party wishes to have the matter directly appealed to the Ninth Circuit Court of Appeals, the party must file a motion with the bankruptcy judge.

    Appeals are very complex and are governed by many technical rules. Refer to the 8000 series of rules from the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules.

    Download Form:  Notice of Appeal


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  • Judicial Decision, What If The Order Misstates The Judge's Legal Or Factual Conclusions Or Ruling?

    Opposing Party can File and Serve a Written Objection to the Form of an Order - After the judge makes a ruling on a motion or complaint, the court may prepare its own order or judgment, or the court may have one of the parties submit a proposed form of order or judgment. If the motion or complaint was opposed or otherwise contested by another party, and the proposed form of order or judgment was lodged by one of the parties, the other party ordinarily has seven (7) days to review the proposed order or judgment. If the opposing party thinks that the wording of the proposed order or judgment does not accurately reflect the judge's legal and factual conclusions or some other part of the ruling, that party must immediately file and serve an objection to the form of the order and can submit a proposed new form of order. The party who intends to file the objection should notify the judge's staff and make sure that the judge receives a copy of the objection within the seven (7) day deadline. If the deadline is not met, the judge may enter the proposed form of order without reviewing the objection. Refer to Local Bankruptcy Rule 9021-1.

    All Parties can Stipulate to a New Proposed Form of Order - The parties may also stipulate to a new proposed form of order and submit the stipulated order to the court within the seven (7) day deadline.

    File a Motion to Amend the Entered Order or Judgment – If a party thinks that the entered order misstates the factual findings or legal conclusions made on the record at the hearing, the party can file a motion to amend the language of the order or judgment. Refer to Local Bankruptcy Rule 9021-1.


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  • Lawsuit, Can One Be Filed After The Bankruptcy Case Is Filed?

    A) Adversary Proceedings Can be Filed After Bankruptcy Case is Filed - Adversary proceedings can be filed in bankruptcy court for a variety of reasons, such as:

    1. A creditor wants to prevent the debtor from receiving a discharge;
    2. The trustee attempts to force a non-debtor party to give back property that belongs to the bankruptcy estate; or
    3. A party wants the court to make rulings about property or contractual rights (Declaratory Relief).

    In some scenarios an adversary proceeding is the only procedural method for obtaining relief. Consult Federal Rules of Bankruptcy Procedure Rule 7001 to determine if an Adversary Proceeding is required. In some situations an adversary proceeding can be started or continued even if the main bankruptcy case is no longer open.

    B) Filing the Complaint – A plaintiff must take six steps to properly file an adversary complaint:

    1. Include an adversary proceeding cover sheet;
    2. Pay the adversary filing fee;
    3. Provide one extra copy to the court of the complaint and cover sheet, even if the complaint is filed electronically via CM/ECF;
    4. Include a "Summons" form that the clerk's office can fill out and return to the plaintiff. The summons will indicate the adversary number and the date/time/location of the initial adversary status conference;
    5. Serve a Summons on each defendant according to the methods and time limits set forth in the Federal Rules of Bankruptcy Procedure 7000 series and Local Bankruptcy Rules; and
    6. File a Proof of Service of Summons and Complaint after a defendant has been properly served.

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